TNAG-1996-FCO40-2843-Hong-Kong-Drug-Trafficking-(Recovery-of-Proceeds)-Ordinance--1991 — Page 278

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 1463

OF 07110OZ JULY 89

CONFIDENTIAL

Mko 385/2

(44)

104452

MDLOAN 4190

вяда

YOUR TELNO 2138: DRUG TRAFFICKING (RECOVERY OF PROCEEDS) BILL 1989: DESIGNATION OF COUNTRIES

1.

WE WOULD BE HAPPY TO DESIGNATE HONG KONG ON THE BASIS OF THE EXCHANGE OF LETTERS WE HAVE USED WITH OTHER DEPENDENT TERRITORIES. (COPY OF OUR MODEL DRAFT FOLLOWS BY FAX TO BUNTEN, POLITICAL ADVISERS OFFICE).

2.

THE MODEL DRAFT IS VERY DIFFERENT FROM A FULL BILATERAL AGREEMENT. IT IS MUCH SHORTER AND DOES NOT COVER IN DETAIL ARRANGEMENTS AS TO THE FORM AND CONTENT OF REQUESTS, SCOPE OF

ASSISTANCE, ETC.

3.

AS YOU RIGHTLY NOTE (PARA 2 OF TUR) THE UK/US AGREEMENT CONTAINS MORE THAN IS STRICTLY REQUIRED TO DESIGNATE THE US UNDER THE DRUG TRAFFICKING OFFENCES ACT. NEVERTHELESS IT IS NOT SIGNIFICANTLY LONGER OR MORE DETAILED THAN ANY OF OUR OTHER BILATERAL AGREEMENTS. IN PUTTING TOGETHER CONFISCATION AGREEMENTS WITH COUNTRIES THAT HAVE DIFFERENT LEGAL SYSTEMS IT IS NECESSARY TO AGREE ON CLEARLY DEFINED PROCEDURES. WE DOUBT WHETHER YOU WOULD BE ABLE (OR INDEED WELL ADVISED) TO TRY TO CONCLUDE A MORE LIMITED AGREEMENT WITH THE US. YOU MAY ALSO FIND THAT THE AMERICANS THEMSELVES WANT TO INCLUDE MOST OF THE PROVISIONS IN THE UK/US AGREEMENT IN ANY ARRANGEMENT WITH YOU.

3. AS YOU ARE PLANNING TO NEGOTIATE A FULL MUTUAL LEGAL ASSISTANCE TREATY (MLAT) WITH THE US IN DUE COURSE INTO WHICH ANY DRUGS AGREEMENT WOULD BE SUBSUMED, AN ALTERNATIVE TO CONCLUDING A FULL CONFISCATION AGREEMENT WOULD BE FOR US TO EXTEND THE UK/US AGREEMENT TO HONG KONG. THIS COULD BE DONE QUICKLY AND WOULD SAVE YOU THE TROUBLE OF NEGOTIATING A FULL AGREEMENT. WOULD YOU PREFER TO FOLLOW THIS ROUTE? WE WOULD EXPECT THE AMERICANS TO BE HAPPY WITH THIS APPROACH.

HOWE

YYYY

1

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